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CARLETON UNIVERSITY
First Year Seminar - FYSM 1502R: Law, Sex and Gender
Fall/Winter 2010-2011
Instructor: Dr. Lara Karaian
Office: C572 Loeb Building
Office Phone: 613-520-2600 x 1458
E-mail: Please direct all e-mail contact through WebCT e-mail
Class Meets: Tues. & Thurs. 11:30-12:55 pm
Class Location: TBA
Office Hours: Thurs. 2:00-3:00 pm, or by appointment
____________________________
COURSE DESCRIPTION:
Sex workers are in the midst of challenging Canada’s criminalization of prostitution. The courts are currently
being asked to consider whether people should be able to marry more than one person at a time. Prisons are
reviewing how to house transgender individuals. These three examples are only some the ways in which the law
informs and shapes our understanding of what is "bad" and what is "good" sex, who’s considered a healthy or
harmful sexual subject, and the relationship of law to one’s gender identity. Each one of us is a gendered and
sexual being, but many of us don’t actively consider how the law shapes and regulates these aspects of our selves
and the selves of others. In this course we will examine the law’s role in the construction of gender and sexuality,
as well as its function as a source of repression and a site of resistance. This course draws on myriad legal theories,
criminal and constitutional law, and a range of criminological issues (such as, Legal Personhood, Prostitution/Sex
Work, Pornography/“Sexting”, Decriminalization of Homosexuality/Gay Marriage, Abortion, New Reproductive
Technologies/Surrogacy, Swingers Clubs, Bathhouses, Polygamy, Sadomasochism, Self defense/Battered Women
Syndrome, HIV Transmission, and Transgender people in Prisons).
COURSE OBJECTIVES:
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Gain a substantive understanding of the construction and regulation of sex and gender, law’s view of
itself, and its relationship to these identity categories
Understand the intersections of criminal and constitutional law
Develop a substantive knowledge of legal theory and the ability to read and understand Canadian case
law
Understanding how to approach these texts with a critical lens and an open mind
Develop the ability to research and write substantive analytical research papers
Foster the ability and the confidence to think critically and out loud
Learn how to work cooperatively in groups
Become familiar with the services of Carleton (Ex: the Library, the Career Development Center, the
Student Academic Success Centre)
REQUIRED TEXTS:
All of the course readings are available online and can be accessed through the course’s WebCT web site. Details
on how to access the website will be provided in the first class. Please print out, read, and bring the appropriate
articles to class with you each week.
WEB SITE:
This course will be managed with Carleton’s WebCT course management system. Course readings as well
as PowerPoint slides, announcements, grades, discussion groups and weblinks will be posted on this site.
You must activate your WebCT account by going to the following page http://webct.carleton.ca and
follow the links from the “Student Resources” site on the left hand side. Only students registered in the
course have access to the site. Your Username and Password to sign on are the same as those for your
Connect account (make sure that your Connect account has been activated first). All correspondence with
me should be carried out through the WebCT e-mail system ONLY. See https://portal.carleton.ca for
instructions on how to set up your account. It is imperative that each student is able to access the course
Web site and that they do so frequently.
EVALUATION:
Participation
Case Summary and Comment
Essay Proposal & Annotated Bibliography
Debate
Research Essay
Poster Session
20% (10% per term)
15% (Due: Oct. 28/10)
15% (Due: Nov. 30/10)
20% (Winter term. See syllabus for schedule)
25% (Due: Mar. 24/11)
5% (Date to be announced)
Letter Grade Percent
A+
A
A‐
B+
B
B‐
C+
C
C‐
D+
D
D‐
F
90 – 100%
85 – 89%
80 – 84%
77 – 79%
73 – 76%
70 – 72%
67 – 69%
63 – 66%
60 – 62%
57 – 59%
53 – 56%
50 – 52%
0 – 49%
Class attendance and participation – 20% (10% per semester)
Given that this is a seminar course, there will be very little in the way of formal lectures. As such your attendance
and active participation are extremely important for the success of our discussions and the overall learning
experience. Attendance will be taken into consideration when determining your participation mark however the
bulk of this grade will be determined based on evidence that you have read the assigned material and that you’ve
come to class prepared to engage in a discussion of that material. Also of importance is how actively and
respectfully you listened to the contributions of others. Please keep in mind that quality of what you have to say,
the degree of thought that has gone into your contribution, and the respect that you show for the views of others,
is more important than how often you contribute.
Your participation mark is also based on your involvement with the Study Skills Incentive Program. 3% of your
final participation mark (1.5% per term) will be based on attending 3 support service workshops per term (6 in
total). These 25 minute workshops are activity based and foster skills that are invaluable for success at the
university level. The sessions are organized by Learning Support Services and located in the Student Academic
Success Centre, room 402 MacOdrum Library. All sessions are scheduled outside of class time.
Case Summary and Comment - 15%
This short assignment is designed to expose you to reading and understanding case law. I will provide you with an
abridged Supreme Court of Canada case on a topic of relevance to our course. You will be asked to summarize and
comment on the court’s reasoning. Outside research will not be required for the case comment however you will be
expected to draw on course themes and concepts from the course readings preceding the assignment’s due date. In
total this assignment should be approx. 5 pgs in length using a 12 point font, 1 inch margins. The case and further
assignment guidelines will be distributed on September 30, 2010. The assignment is DUE: October 28, 2010.
Essay Proposal and Annotated Bibliography, 4 pgs - 15%
Towards the end of the course each student is required to write a research essay using both course material and
outside research. Students must choose their essay topic from a list of possible topics provided. NB: The research
essay cannot be on the same topic covered in your debate assignment (see below). Prior to handing in the paper
you are required to develop an essay proposal and an annotated bibliography. Your proposal will outline your
topic and the direction in which you hope to take your analysis. The accompanying annotated bibliography should
include 4 outside scholarly sources (books, journal articles) that you have used to prepare the proposal and that
you plan on using in your research paper. More information on how to write a proposal and an annotated
bibliography will be discussed in class. As a class we will attend two Library workshops on how to access the
library’s resources and conduct legal research. Details about my expectations for the Proposal and Annotated
Bibliography will be distributed in class on November 2, 2010 and will be DUE: November 30, 2010. Proposals
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will be returned the following week so that you will have the benefit of my comments for any research that you
may want to do over the winter holidays.
Debate - 20%
In groups of 4, students will be responsible for presenting a 30 min. debate (which covers at least two opposing
viewpoints on their given topic (related to the week’s readings). The group will be responsible for doing additional
research on their topic and demonstrating which legal theories inform the different viewpoints presented. Each
group must submit a transcript of their debate, with all their resources cited properly, on the day of the debate. A
bibliography of sources should also be provided. Debate topics and schedule are provided in the weekly
topics/reading schedule portion of the syllabus. The group members will receive a single grade for this
assignment. A portion of the grade will be based on peer evaluation.
More details on the debate will be provided in class.
Poster – 5%
In conjunction with their debate, each group must also create a poster. This poster will be displayed at the end of the
year in the ArtsOne Criminology Cluster poster session (date and place TBA). More details on the poster will be
provided in class. The group members will receive a single grade for this assignment. A portion of the grade will
be based on peer evaluation.
Research Essay, 7-10 pgs - 25%
This persuasive research essay will be the culmination of your research and writing subsequent to the submission
of your research proposal and annotated bibliography. The essay must be 7-10 pgs. in length, double spaced, one
inch margins, not including accompanying bibliography. DUE: March 24, 2011. Essays will be returned on April
5, 2011, the last class of the winter term.
POLICIES:
(i) Contact with Instructor
I will be available for consultation with students during my office hours or by appointment. Please e-mail me using
the WebCT e-mail system should you want to set up an appointment outside of regularly scheduled office hours.
(ii) E-mail Policy
Every student is expected to have a Carleton e-mail address and to check it regularly. University policy dictates
that Professors will not send e-mails to students at any other addresses. If a class has to be cancelled, or if there is
any other matter that you should know about prior to class, you may be sent an email on your Carleton account. I
generally try to respond to e-mails within two days.
(iii) Late Penalties
Late assignments will be deducted a penalty of 3% per day (including weekends) for late work, unless prior
arrangements are made and the appropriate documentation is provided. In the case of emergencies due to sudden
illness or other circumstances, extensions of deadlines will be solely at my discretion. Late assignments can be
dropped off at the Institute of Criminology and Criminal Justice, C562 Loeb Building, during office hours. After
office hours papers should be submitted to the drop-box outside the Institute’s door where they will be retrieved
and stamped with the following day’s date.
(iv) Policy on Discrimination and Harassment
Carleton University is a community of faculty, staff and students who are engaged in teaching, learning, and
research. Its members are part of the community at large and are governed by the law common to all persons. But
membership in the academic community also entails certain rights and responsibilities. The university respects the
rights of speech, assembly, and dissent; it prohibits discrimination on the basis of race, ancestry, place of origin,
colour, ethnic origin, national origin, creed, sex, gender identity, sexual orientation, age, marital status, family
status, political affiliation or belief, or disability that is defined as such in the Ontario Human Rights Code; it
requires tolerance and respect for the rights of others; and it promotes an environment conducive to personal and
intellectual growth.
(v) Academic Dishonesty
Academic dishonesty, which includes plagiarism and cheating, is an extremely serious academic offense and carries
penalties varying from failure in an assignment to suspension from the University. The
University Senate defines plagiarism as “presenting, whether intentional or not, the
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ideas, expression of ideas, or work of others as one’s own.” This can include:
‐ Reproducing or paraphrasing portions of someone else’s published or unpublished material,
regardless of the source, and presenting these as one’s own without proper citation or
reference to the original source;
‐ Submitting an assignment or examination written in whole or in part, by someone else;
‐ Using ideas or direct, verbatim quotation, or paraphrased material, concepts, or ideas
without appropriate acknowledgement in any academic assignment;
‐ Using another’s data or research findings;
‐ Failing to acknowledge sources through the use of proper citations when using another’s
works and/or failing to use quotation marks;
‐ Handing in “substantially the same piece of work for academic credit more than once
without prior written permission of the course instructor in which the submission occurs.”
REQUESTS FOR ACCOMMODATION:
Students with disabilities requiring academic accommodations in this course must register with the Paul
Menton Centre for Students with Disabilities (PMC) for a formal evaluation of disability-related needs.
Documented disabilities could include but are not limited to mobility/physical impairments, specific Learning
Disabilities (LD), psychiatric/psychological disabilities, sensory disabilities, Attention Deficit Hyperactivity
Disorder (ADHD), and chronic medical conditions. Registered PMC students are required to contact the PMC,
613-520-6608, every term to ensure that I receive your Letter of Accommodation, no later than two weeks before
the first assignment is due or the first in-class test/midterm requiring accommodations. If you only require
accommodations for your formally scheduled exam(s) in this course, please submit your request for
accommodations to PMC by the deadlines published on the PMC website: http://www2.carleton.ca/pmc/newand-current-students/dates-and-deadlines/
Pregnancy obligation: write to me with any requests for academic accommodation during the first two weeks of
class, or as soon as possible after the need for accommodation is known to exist. For more details visit the Equity
Services website http://www.carleton.ca/equity/accommodation/student_guide.htm
Religious obligation: write to me with any requests for academic accommodation during the first two weeks of
class, or as soon as possible after the need for accommodation is known to exist. For more details visit the Equity
Services website http://www.carleton.ca/equity/accommodation/student_guide.htm
FYSM 1502R Course Schedule and Readings
FALL TERM
Please note that this schedule and course readings are subject to change.
September 9: Introduction to the Course
Overview of the course, evaluation method and policies
September 14: Law and Justice
Ngaire Naffine, “Blind Justice,” and “Law: A Primer,” in Women, Law and Social Change: Core
and Current Issues, 5th ed., ed. T. Brettel Dawson. (Concord: Captus Press, 2009), 57-64, 65-72.
September 16: Systems of Law and the Canadian Judicial System
Laurence M. Olivo, “Systems of Law in Canada,” in Introduction to the Law in Canada (Ontario
Edition), ed. L.M. Olivo. Concord: Captus Press, 2003, 43-58.
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Readings
Laurence M. Olivo, “The Court System – Ontario,” in Introduction to the Law in Canada (Ontario
Edition), ed. L.M. Olivo. Concord: Captus Press, 2003, 114-122.
September 21: Understanding Precedent and Stare Decisis
In class exercise.
September 23: LIBRARY WORKSHOP (Meet in room 102, in the basement of the library)
September 28: Crime and Criminal Law
Kent Roach, “Chapter 1: Overview,” in Criminal Law, 4th ed., (Toronto: Irwin Law, 2009). 1-10, 1315, 17-20.
September 30: Crime and Criminal Law
***CASE SUMMARY AND COMMENT ASSIGNMENT DISTRIBUTED***
Jennie Abell & Elizabeth Sheehy, “Definition of Crime,” in Criminal Law and Procedure: Cases,
Critique 4th ed., (Ottawa: Captus Press, 2007), 11-13, 24-33
Context,
October 5: Equality and the Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms. Ottawa: Department of Justice Canada, 1982. Only
1, 2, 7, 11, 15 and 28. http://laws.justice.gc.ca/en/charter/1.html
“Our Equality Rights in the Charter: Information Sheet,” Produced by the Court Challenges
Program of Canada, Winnipeg Manitoba, in Women, Law and Social Change: Core Readings and
Issues, 4th ed., ed. T. Brettel Dawson. (Concord: Captus Press, 2002), 469-473.
Diana Majury, Women’s (In)Equality Before and After the Charter,” in Open Boundaries: A
Canadian Women’s Studies Reader, 2nd ed., ed. Barbara Crow and Lise Gotell. (Toronto: Pearson
Hall), 106-118.
Sections
Current
Prentice
October 7: Equality and the Charter of Rights and Freedoms
In-class Workshop on Reading Supreme Court of Canada Decisions
October 12: Legal Personhood
Brettel T. Dawson, “Law and the Legal Person.” Women, Law and Social Change: Core Readings and Current
Issues. 4th ed. Ed. T. Brettel Dawson. Concord: Captus Press, 2002. 123-135; 150-155.
Brettel T. Dawson, “Sandra Lovelace v. Canada.” Women, Law and Social Change: Core Readings and Current
Issues. 4th ed. Ed. T. Brettel Dawson. Concord: Captus Press, 2002. 167-169.
Sojournor Truth, “Ain't I a Woman?” (1851) As reproduced in Feminism: The Essential
Historical Writings. Ed. Miriam Schneir. Vintage Books, 1972. 93-94.
Sojourner Truth, “Keeping the Thing Going While Things are Stirring.” (1867) As
reproduced in Feminist Theory: A Reader. 2nd ed. Eds. Wendy K. Kolmar and Frances Bartowski.
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Boston: McGraw Hill, 2005. 79-80.
October 14: LIBRARY INSTRUCTION ON FINDING LEGAL JOURNALS (Meet in the Library, Room
102)
Note- Due to the limited number of computers in the lab students are encouraged to bring their
own lap tops if they have one.
October 19: Liberal Feminist Legal Theory
Elizabeth Comack, “The Feminist Frameworks”, in Locating Law: Race/Class/Gender
Connections, 2nd ed. (Halifax: Fernwood Publishing, 2006), 42-51.
Clip: “Call for the Bird Commission,” 1967 re: Pearson & Bird talk about the goals of the Royal
Commission on the Status of Women (RCSW)
http://archives.cbc.ca/politics/rights_freedoms/clips/410/
Clip: “Canadian Feminists Fight for Change,” 1967 re: what do women want with the RCSW just
getting under way http://archives.cbc.ca/politics/rights_freedoms/clips/411/
Clip: “10 years later: perspective and constitutional change,” 1980 re: interview w/ RCSW
chairperson Bird http://archives.cbc.ca/politics/rights_freedoms/clips/418/
October 21: Liberal Feminist Legal Theory
Clip: “Finally, a woman on Canada’s Supreme Court,” 1982 re: appointment of Justice Bertha Wilson
http://archives.cbc.ca/society/crime_justice/clips/13096/
October 26: Radical (Dominance) Feminist Theory
Catherine McKinnon, “Difference and Dominance: On Sex Discrimination [1984],” in Feminist Legal
Theory: Readings in Law and Gender, ed. Katharine T. Bartlett and Rosanne Kennedy.
(Boulder: Westview
Press, 1991), 81-94.
Catherine McKinnon, “Feminism, Marxism, Method and the State: An Agenda for Theory,” Abridged
version as reproduced in Women, Law and Social Change: Core Readings and Current Issues. 5th ed., ed.T.
Brettel Dawson. Concord: Captus Press, 2009. 115-117.
October 28: Radical (Dominance) Feminist Theory
***CASE SUMMARY AND COMMENT ASSIGNMENT DUE***
Factum of the Intervener LEAF (Women’s Legal Education and Action Fund) in R. v. Butler. 1992.
Supreme Court of Canada File No. 22191.
http://www.leaf.ca/legal/facta/1992-butler.pdf#target
November 2: Critical Race/Anti-Racist Feminist Legal Theory
***ESSAY PROPOSAL & ANNOTATED BIBLIOGRAPHY ASSIGNMENT DISTRIBUTED***
Harris, Angela. “Race and Essentialism in Legal Theory.” Abridged version in Women,
Law and Social Change: Core Readings and Current Issues. 4th ed. Ed. T. Brettel Dawson. Concord: Captus
Press, 2002. 383-392
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November 4: Critical Race/Anti-Racist Feminist Legal Theory
Trina Grillo, “Anti-Essentialism and Intersectionality: Tools to Dismantle the Master’s
House.” Berkeley Women’s Law Journal, 10 (1995): 16-30.
November 9: Postmodern Legal Theory
William N. Eskridge, Jr and Nan D. Hunter, “Postmodern Theories of Sexuality, Gender and the
Law” in Sexuality, Gender, and the Law 2nd ed. (New York: Foundation Press, 2004), 584-593.
November 11: Postmodern Legal Theory
Kate Sutherland, “From Jailbird to Jailbait: Age of Consent Laws and the Construction of Teenage
Sexualities” William and Mary Journal of Women and the Law, Spring 2003, 1-18.
November 16: CLASS CANCELLED. Sign up to meet one-on-one with professor to discuss essay
proposal, annotated bibliography, debate as well as anything else on your mind.
November 18: CLASS CANCELLED. Sign up to meet one-on-one with professor to discuss essay
Proposal, annotated bibliography, debate as well as anything else on your mind.
November 23: Gay and Lesbian Legal Theory
***SIGN UP FOR DEBATE TOPIC***
The Heterosexuality Quiz. Adapted from Minas, A. (1993). “The Language of Sex: The
Heterosexual Questionaire.” Gender Basics (CA: Wadsworth Publishing). 306-307.
Riki Wilchins, “Gay Rights,” in Queer Theory, Gender Theory: An Instant Primer. (Los Angeles:
books, 2004). 13-20.
Alyson
Factum of the Intervener Egale in Little Sisters Book and Art Emporium v. Canada. 1999. Supreme
Canada File No. 26858. (Excerpts)
Court of
November 25: Queer Legal Theory
Nikki Sullivan, “The Social Construction of Same-Sex Desire: Sin, Crime, Sickness,” in A Critical
Introduction to Queer Theory. (New York: New York University Press, 2007) 1-21.
November 30: Transgender and Intersex Theory
***ESSAY PROPOSAL & ANNOTATED BIBLIOGRAPHY ASSIGNMENT DUE***
Bornstein, Kate. “Test Your Gender Aptitude” http://www.utne.com/lens98/body/gender/quiz.html
Emi Koyama and the Survivor Project, “Guide to Intersex and Trans Terminologies”
http://www.survivorproject.org/pdf/terms.pdf
In-class Video: Episode 1 of Transgeneration (2006) 30 mins.
December 2: Transgender and Intersex Theory
***ESSAY PROPOSAL & ANNOTATED BIBLIOGRAPHY ASSIGNMENT RETURNED***
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***DEBATE GROUPS ANNOUNCED***
Riki Wilchins, “Transgender Rights,” in Queer Theory, Gender Theory: An Instant Primer. (Los
Alyson books, 2004). 21-31.
Angeles:
Anne Fausto-Sterling, “The Five Sexes, Revisited,” The Sciences, July/August 2000. 19-23.
DECEMBER BREAK – HAPPY HOLIDAYS!
FYSM 1502R Course Schedule and Readings
WINTER TERM
Please note that this schedule and the readings are subject to change.
January 4: Sexual Violence and the Reform of Sexual Assault Laws
Maria Ł oś, “The Struggle to Redefine Rape in the early 1980's,” in Confronting Sexual Assault: A
Decade of Change, eds. Julian V. Roberts and Renate Mohr (Toronto: University of Toronto Press,
1994), 20-47.
Sherene Razack, “Gendered Radical Violence and Spatialized Justice: The Murder of Pamela
George,” (2000), Abridged version in Open Boundaries: A Canadian Women’s Studies Reader,
2nd ed., eds. Barbara A. Crow and Lise Gotell (Toronto: Pearson Prentice Hall, (2005) 267-278.
January 6: Sexual Assault Law: The case of ‘sexomnia’
Shannon Karl, “Ontario Court Upholds ‘Sexsomnia’ Acquittal,” National Post, February 7, 2008.
http://www.nationalpost.com/news/story.html?id=292924
“Toronto Area Man Acquitted of Rape, Deemed ‘Sleep Sex,’” Comments Section, Yahoo News, Nov. 20
2005. To be provided in class.
January 11: Reproductive Autonomy: Contraception and Sterilization
Carolyn Egan and Lynda Gardner, “Racism, Women’s Health, and Reproductive Freedom,” in
Scratching the Surface: Canadian, Anti-racist, Feminist Thought, eds. Enakshi Dua and Angela
Robertson (Toronto: Women’s Press, 1999), 295-307.
Clip: “Legalizing contraceptives,” 1969
http://archives.cbc.ca/health/reproductive_issues/clips/3044/
Clip: “The pill 40 years later,” 2001
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http://archives.cbc.ca/health/reproductive_issues/topics/572/
In-class Video: The Sterilization of Leilani Muir, Glynis Whiting, 1996. 47 mins.
January 13: Reproductive Autonomy: Abortion
Clip: “Ontario jury acquits Morgentaler,” 1984
http://archives.cbc.ca/society/crime_justice/clips/1129/
Clip: “Abortion law ruled unconstitutional,” 1988
http://archives.cbc.ca/politics/constitution/clips/788/
Clip: “The end of a fight,” 1988 interview w/ Morgentaler
http://archives.cbc.ca/politics/rights_freedoms/clips/1130/
Shelly Gavigan, “Beyond Morgentaler: The Legal Regulation of Reproduction,” in The Politics
of Abortion, eds. Janine Brodie et al. (Toronto: Oxford University Press, 1992), 117-146.
Richard Cleroux, “The Hill: Back Door Abortion Law,” Law Times News, June 30 2008.
http://www.lawtimesnews.com/200806304140/Commentary/The-Hill-Back-door-abortion-law
January 18: Reproductive Autonomy: New Reproductive Technologies
Vanaja Dhruvarajan, “Feminism, Reproduction, and Reproductive Technologies.” (2002)
As reproduced in Open Boundaries: A Canadian Women’s Studies Reader. 2nd ed. Eds. Barbara A.
Crow and Lise Gotell. Toronto: Pearson Prentice Hall, 2005. 300-307.
Joanne Harris, “Lesbian Motherhood and Access to Reproductive Technology.” Canadian
Woman Studies. Lesbian, Bisexual, Queer, Transsexual/Transgender Sexualities Issue, 24.2 & 3
Winter/Spring (2005): 43-49.
Clip: “The Royal Commission reports,” 1993 re: NAC’s response to Royal Commission on New
Reproductive Technologies (last half)
http://archives.cbc.ca/health/reproductive_issues/topics/610-3370/
Clip: “Reproductive Technology legislation: May 2002”
http://archives.cbc.ca/health/reproductive_issues/clips/3367/
In-class Video: Law and Order SVU, “Inconceivable”
January 20: Reproductive Autonomy: Surrogacy
***DEBATE #1: FREEDOM OF CHOICE FOR WOMEN VS. EXPLOITATION***
Sarmishta Subramanian, “Wombs for Rent: Is Paying the Poor to have Children Wrong when Both
Sides Reap Such Benefits?” Macleans, July 2, 2007.
http://www.macleans.ca/article.jsp?content=20070702_107062_107062
Clip: “Just say ‘No!’ to Surrogate Motherhood,” 1980
http://archives.cbc.ca/health/reproductive_issues/clips/3290/
January 25: Pornography
Lyne Casavant et. al The Evolution of Pornography Law in Canada, Library of Parliament,
Parliamentary Information and Research Service, Revised October 25, 2007, pp. 1-9.
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Nadine Strossen, “A Feminist Critique of ‘The’ Feminist Critique of Pornography,” in
Applications of Feminist Legal Theory to Women’s Lives: Sex, Violence, Work and
Reproduction, ed. D. Kelly Weisberg (Philadelphia: Temple University Press, 1996),
131-149.
January 27: Child Pornography
***DEBATE #2: “SEXTING”: CHILD PORNOGRAPHY VS. YOUTH SEXUAL EXPRESSION***
Lyne Casavant et. al ‘Child Pornography’ in The Evolution of Pornography Law in Canada, Library
of Parliament, Parliamentary Information and Research Service, Revised October 25, 2007, pp. 1020.
Robert Teixeira, “The shortcomings of Canada’s porn laws: Youthful Sexuality, Censorship and
Canada’s child Pornography Law,” Xtra (Toronto), Thursday, July 30, 2009.
http://www.xtra.ca/public/National/The_shortcomings_of_Canadas_porn_laws-7192.aspx
February 1: Prostitution/Sex Work
Guest Speaker: Elizabeth Kennedy, owner of a Member's Only Private Hostess Lounge
“Sex Work: 14 Answers to your Questions.” (2007)
www.chezstella.org
Deborah Brock, “Victim, Nuisance, Fallen Woman, Outlaw, Worker? Making the Identity ‘Prostitute’ in
Canadian Criminal Law,” in Law as a Gendering Practice. ed. Dorothy Chunn and Danny Lacombe
(Oxford: Oxford University Press, 2000), 79-99.
Clip: “Sex Trade Challenge,” 2007 re: sex-trade workers challenge Criminal Code
(Interview w/ Valerie Scott, Executive Director of Sex Professionals of Canada)
http://www.cbc.ca/clips/mov/scott-invu070321.mov
February 3: Prostitution/Sex Work
***DEBATE #3: DECRIMINALIZATION VS. CRIMINALIZATION***
Jody Freeman, “The Feminist Debate over Prostitution Reform: Prostitutes’ Rights Groups, Radical
Feminists, and the (Im)possibility of Consent,” in Applications of Feminist Legal Theory to Women’s Lives:
Sex, Violence, Work and Reproduction. ed. D. Kelly Weisberg (Philadelphia: Temple University Press, 1996),
237-249.
February 8: Domestic Violence and the Battered Woman Syndrome
Pratt, Anna. “New Immigrant and Refugee Battered Women: The Intersection of
Immigration and Criminal Justice Policy,” in Wife Assault and the Criminal Justice System. Ed.
Mariana Valverde et al., Centre of Criminology, University of Toronto, 1995. 84-103.
Christine Boyle, “The Battered Wife Syndrome and Self Defence: Lavallee v. R.” Canadian Journal
of Family Law 9 (1990): 171-179.
Clip: “Supreme Court accepts battered wife syndrome defence,” 1990
http://archives.cbc.ca/society/crime_justice/clips/13238/
February 10: Domestic Violence and the Battered Woman Syndrome
***DEBATE #4: BWS YES VS. BWS NO***
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Elizabeth Comack, “Do We Need to Syndromize Women’s Experiences? The Limitations of The Battered
Wife Syndrome,” in Violence Against Women: New Canadian Perspectives. eds. Katherine M.J. McKenna and
June Larkin (Toronto: Inanna Publications and Education, 2002)
February 15: Decriminalizing Homosexuality
“A Chronology of Advances in LGBT Rights in Canada and in B.C” B.C Teacher’s Federation.
http://bctf.ca/SocialJustice.aspx?id=6100
Clip: “A psychiatric ‘problem’”
http://archives.cbc.ca/politics/rights_freedoms/topics/599/
Clip: “Jailed for Homosexuality”
http://archives.cbc.ca/politics/rights_freedoms/topics/599-12538/
In-class Video: Milk, (2008) Staring Sean Penn and James Franco (45 min. excerpt)
February 19: Regulating Homosexuality - Police Raid of Bathhouses
Clip: “The Toronto Bathhouse Raids,” 1981
http://archives.cbc.ca/politics/rights_freedoms/topics/599-3233/
Sarah Lamble, “Legal Invisibility in the Toronto Women's Bathhouse Raid Unknowable Bodies,
Unthinkable Sexualities: Lesbian and Transgender,” Social Legal Studies 18 (2009). 111-130.
Julia Garro, “Pussy Palace settlement bears fruit,” Xtra! Toronto, March 16, 2006.
http://www.xtra.ca/public/Toronto/Pussy_Palace_settlement_bears_fruit-1456.aspx#bComment
February 21-25 ***WINTER BREAK. NO CLASSES***
March 1: Information Session on How to Read your Student Audit
Guest speaker from the Centre for Academic Success, and Marilyn Ginder, administrator in the Institute
of Criminology and Criminal Justice
March 3: Legal Construction of Marriage and “The Family”
Martha Albertson Fineman, “Why Marriage?” Virginia Journal of Social Policy and the Law,
9:1, 2001. Excerpts.
Nancy D. Polikoff, “We Will Get What We Ask For: Why Legalizing Gay and Lesbian Marriage Will
Not ‘Dismantle the Legal Structure of Gender in Every Marriage,” Virginia Law Review, 79 (1993).
1535-1550.
March 8: The Law and Non-monogamy: Polygamy
Miriam Koktvedgaard Zeitzen, “Forms of Polygamy” in Polygamy : A Cross-cultural Analysis. (New
York: Oxford University Press, 2008), 3-20.
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Robert Matas, “Polygamy Charges in Bountiful” Globe and Mail, January 8, 2009.
http://www.theglobeandmail.com/news/national/article963706.ece
March 10: The Law and Non-monogamy: Polygamy
***DEBATE #5: POLYGAMY IS CRIMINAL vs POLYGAMY SHOULD BE DECRIMINALIZED***
Angela Whilley, “‘Christian Nations’ ‘Polygamic Races’ and Women’s Rights: Towards
a Geneology of Non-monogamy and Whiteness.” Sexualities. 9:5, (2006): 530-546.
March 15: Tour of the Career Centre (Meet at room 401, Tory Building)
March 17: The Criminalization of HIV
***DEBATE #6: CRIMINALIZE NONDISCLOSURE OF HIV vs DON’T CRIMININALIZE***
‘Ontario man found guilty in HIV murder trial’ CBC news, April 4, 2009.
http://www.cbc.ca/canada/story/2009/04/04/aziga-verdict.html?ref=rss
Isabel Grant, ‘The Boundaries of the Criminal Law: the Criminalization of the Nondisclosure
of HIV’ (Spring, 2008) 31 Dalhousie Law Journal, 123-150. (Excerpts, to be assigned)
March 22: Sadomasochism (S/M)
Guest Speaker: Ummni Khan, Department of Law, Carleton
Pat Califia, “Feminism and Sadomasochism,” (Excerpt) in Sexuality, Gender, and the Law 2nd ed.
York: Foundation Press, 2004), 1343-1348.
(New
Regina v. Anthony Brown et al. (1993), (Excerpt) in Sexuality, Gender, and the Law 2nd ed. (New
Foundation Press, 2004), 1332-1339.
York:
Sasha, “Rough Trade, Rough Rules” eye weekly, Toronto, January, 2008. 48.
March 24: Non-monogamy: “Swinging” or Partner Swapping
***FINAL RESEARCH PAPER DUE***
“Swingers clubs don't harm society, top court rules,” CBC News, December 2005.
http://www.cbc.ca/news/viewpoint/yourspace/supremecourt_swinging.html
Lyne Casavant et. al, “A New Standard for Measuring ‘Indecency’: The ‘Swingers Club’ Case” in The
Evolution of Pornography Law in Canada, Library of Parliament, Parliamentary Information and
Research Service, Revised October 25, 2007, pp. 25-27.
R. v. Labaye, 2005 SCC 80, [2005] 3 S.C.R. 728, “The Swingers case” (Excerpts.)
March 29: Transgender Individuals and the Criminal Justice System
Kyle Kirkup, “Indocile Bodies: Gender Identity and Strip Searches in Canadian Criminal Law,”
Canadian Journal of Law and Society, 24, 1, 2009. 107-125.
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March 31: Transgender Individuals and the Prison System
Women in Prison Project, “Transgender Issues and the Criminal Justice System” New York, 2007.
http://www.correctionalassociation.org/publications/download/wipp/factsheets/Transgender
Issues CJS FINAL.pdf
In-class video: Cruel and Unusual (2006) 30 min excerpt
April 5: Poster Session Prep Class
***REASEARCH ESSAYS RETURNED***
The end (of the course, not the learning process; that never ends)!
ENJOY YOUR SUMMER!
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